If you're a home owner, trader or insurer, and involved in a home building dispute up to the value of $500,000, you can apply to have the matter heard by the NSW Civil and Administrative Tribunal (NCAT).
Before NCAT can accept your application, you must first lodge the complaint with NSW Fair Trading.
You can apply to NCAT online, and once your application has been received, the matter will be listed for hearing within:
- 6 weeks for claims up to $30,000
- 8 weeks for claims over $30,000.
- home owners, traders or insurers involved in a home building dispute (up to the value of $500,000)
- your claim must have been previously lodged with NSW Fair Trading, and been referred to NCAT
- you must be within the time limits relevant to your type of home building claim. If it's about:
- goods and services, it must be lodged within 3 years
- breach of statutory warranty, it must be lodged within 6 years for structural defects, and within 2 years for non-structural defects
- an insurance claim, it must be lodged within 10 years.
What you need
- your personal details
- your credit card details
- all documents and information related to the dispute
- evidence that you've been referred by NSW Fair Trading
- the legal name and current address details of the person or organisation you are claiming against (respondent)
- if the respondent is a company or business, an extract from ASIC showing the organisation's registered name and address
- the application fee
- your insurance details (if applicable)
- your concession card details (if applicable)
- access to a printer and/or scanner (if applicable).
How to apply
- Check the eligibility requirements.
- Select the 'Apply online' button.
- Complete the online application form and attach all relevant documents (allow about 30 minutes).
- Pay the application fee using your credit card.
- Read and confirm the declaration.
If your application is urgent, or you don't wish to apply online:
- If your application is urgent, mark the application form 'URGENT', include a letter explaining the reason/s for the urgency, and lodge the application at a service centre.
- NCAT must provide NSW Fair Trading a copy of all orders made against a builder or licensed tradesperson.